The Department of the State Architectural and Construction Control of the Almaty region has sent 31 materials to the courts of the Almaty region in order to protect the interests of the state in terms of compliance with the current legislation.
Of these, the court adopted 26 decisions on the demolition of illegally constructed objects(of which: 23 objects were demolished, 3 objects were sent to bailiffs), 4 – refused, 1-under consideration.
In addition, according to the instructions of the architectural and construction control and supervision bodies, the owners independently dismantled 21 objects in the region (service stations, an extension to a cafe, a shop, a bathhouse, etc.).
1. The developer of IP Ordalieva Saule Umralievna on her land plot carried out the construction of a "Multifunctional complex" located at the address: Taldykorgan, Gagarin Street, 120, 122, 124.
The decision of the Specialized Interdistrict economic court of Almaty region on December 23, 2013, №2-6632 the court satisfied the claim Management gasc to PI Ergalieva S., obliging the defendant to fulfill the order of state architecture and construction control and supervision, namely the dismantling of the object.
On March 12, 2014, the writ of execution was sent to the Taldykorgan Territorial Department of the Department for the Execution of Judicial Acts of the Almaty region for the enforcement of the court decision.
The court's decision was executed, the object was demolished.
2. The developer Yip Choi Igor on his land undertook the construction of "the office", is located at Taldykorgan, Zhansugurov street, 189.
The decision of the Specialized Interdistrict economic court of Almaty region from 10 December 2015 to No. 2-3074/2015 the court granted the claim Management gasc to Yip Choi I., recognizing the object under construction unauthorized construction and requiring Yip Choi I. V. to demolish the building at its own expense.
The Judicial board for Civil Cases of Almaty region on February 03, 2016 for No. 1999-16-00-2a/63 the appeal of IP Tsoi I. V. left without satisfaction, the court decision without change.
On March 24, 2016, the writ of execution was sent to the Taldykorgan Territorial Department of the Department for the Execution of Judicial Acts of the Almaty region for the enforcement of the court decision.
The court's decision was executed, the object was demolished.
3. The developer Kyrgyzbay N. carried out the construction of a residential building in the Enbekshikazakh district without a corresponding right to land.
By the decision of the Enbekshikazakh district Court of the Almaty region No. 3-683 / 15 of 28.12.2015, Kyrgyzbay N. was found guilty of committing an offense under Article 237 of the Administrative Code with the imposition of an administrative fine of 15 MCI with forced demolition.
The court's decision was executed, the object was demolished.
4. IP Yerzhumanov Sarzhan Aldibekovich carried out construction of service stations and car washes, at the address: Almaty region, Taldykorgan, MD. Zhetysu No. 34.
The decision of the Specialized Interdistrict economic court of Almaty region from 20 January 2016, the court granted the claim Management gasc to PI Arzumanov S. A., acknowledging the object under construction unauthorized construction and obliging SP Arzumanov S. A. to demolish the building at its own expense.
On March 30, 2016, the Judicial Board for Civil Cases of the Almaty region dismissed the appeal of IP Yerzhumanov S. A., the court decision remained unchanged.
On April 27, 2016, the writ of execution was sent to the Taldykorgan Territorial Department of the Department for the Execution of Judicial Acts of the Almaty region for the enforcement of the court decision.
The court's decision was executed, the object was demolished.
5. Kim Vera Valentinovnaexplementation of warehouse premises, at the address: Almaty region, Taldykorgan, Balapanov street No. 4/1.
Solution Taldykorgan city court, Almaty region, dated 21 January 2016, the court granted the claim Management gasc to Kim V. V., recognizing the object under construction unauthorized construction and obliging Kim Vladimir to demolish the building at its own expense.
The Judicial Board for Civil Cases of the Almaty region on April 05, 2016, the appeal of Kim V. V. was left without satisfaction, the court decision remained unchanged.
On May 03, 2016, the writ of execution was sent to the Taldykorgan Territorial Department of the Department for the Execution of Judicial Acts of the Almaty region for the enforcement of the court decision.
The court's decision was executed, the object was demolished.
6. The developer Sadardinova V. M. carried out the construction of an extension to an apartment building in the Zhambyl district without a corresponding right to land.
By the decision of the Karasai specialized interdistrict Administrative Court of Almaty region No. 3-3023 / 2015 of 19.07.2016, Sadardinova V. M. was found guilty of committing an offense under Article 319 of the Administrative Code with the imposition of an administrative fine of 15 MCI with forced demolition.
The court's decision was executed, the object was demolished.
7. Zhamanbalin Serikgaliy Mukhanovich carried out the construction of a restaurant, at the address: Almaty region, Talgar district, Tuzdybastau s / o, along the Almaty-Talgar highway.
Solution Talgar district court of Almaty region on 08 August 2016, the court dismissed the claim Management gasc to Zhamanbalinov S. M., on the recognition of the object under construction unauthorized construction and obatanpa to demolish the building at its own expense.
By the decision of the judicial board for civil cases of the Almaty region, the decision of the Talgar District Court was canceled, the appeal of the GASK Department was satisfied, the object was recognized as an unauthorized construction and ordered to demolish it at its own expense.
The decision of the Collegium of the Supreme court the decision of the judicial Board of the Almaty regional court cancelled the decision of Talgar district court was upheld.
8. Kabylbekova Nurgul Muratbekkyzyconstruction of a residential building, at the address: Almaty region, Talgar district, Besagash village, Makatayev str. - 1, spot No. 2.
Solution Talgar district court of Almaty region, October 14, 2016, the court granted the claim Management gasc to Kabylbekova N. M., recognizing the object under construction unauthorized construction and ordered to demolish the building at its own expense.
The writ of execution was sent to the Talgar Territorial Department of the Department for the Execution of Judicial Acts of the Almaty region for the enforcement of the court decision.
The court's decision was executed, the object was demolished.
9. The developer Bashiev M. D. carried out the construction of a mosque in the city of Kapshagai PKSO "Builder" without the corresponding right to land.
By the decision of the Kapshagai City Court of the Almaty region for No. 1916-16-00-3/666 of 24.10.2016, Bashiev M. D. was found guilty of committing an offense under Article 319 of the Administrative Code with the imposition of an administrative fine of 15 MCI with forced demolition.
The court's decision was executed, the object was demolished.
10. Chuiko Evgeniya Yurievna carried out the construction of a cafe, at the address: Almaty region, Taldykorgan city, Kabanbai Batyr street, No. 51.
Solution Taldykorgan city court, Almaty region, the court dismissed the claim Management gasc to Chuiko E. J. on the recognition of the object under construction unauthorized construction and require Chuiko E. Y. to demolish the building at its own expense.
11. Developer Murzaev N. B. carried out the construction of a building for a meat pavilion in the Ili district, Boraldai village, MKR. Vodnik-1, plot No. 5 without the corresponding right to land.
By the decision of the Karasai specialized interdistrict Administrative Court of Almaty region No. 3-788-2017 of 17.02.2017, Murzaev N. B. was found guilty of committing an offense under Article 319 of the Administrative Code with the imposition of an administrative fine of 25 MCI with the forced demolition of the meat pavilion.
The court's decision was executed, the object was demolished.
12. Achiev Talgat Stanovich assistantregistered space in the form of a canopy at the address: Almaty region, Karasai district, S. Kairat, St. PKST “Bereke Fino”, plot No. 46.
The decision of the Karasai district court of Almaty region 04 August 2017, the court granted the claim Management gasc to Achieved. S., recognizing the object under construction unauthorized construction and ordered to demolish the building at its own expense.
The court's decision was executed voluntarily, the object was demolished.
13. The developer Orynbayeva M. A. carried out the construction of a residential building in the Ili district, Bayserke village, Mukanova street, plot No. 79 G, without the corresponding right to land.
By the resolution of the Karasai specialized interdistrict Administrative Court of Almaty region No. 3-45 / 2018 of 23.01.2018, Orynbayeva M. A. was found guilty of committing an offense under Article 319 of the Administrative Code with the imposition of an administrative fine of 15 MCI with forced demolition.
The court's decision was executed, the object was demolished.
14. Mahamedov Rustam Khasanovich carried out the construction of a residential building in the form of a restaurant, at the address: Almaty region, Karasay district, Druzhba PC, plot No. 28A.
The decision of Judicial Board on civil cases of Almaty regional court 06февраля 2018, the court granted the claim Management gasc to Mahamedova R. H., recognizing the object under construction unauthorized construction and ordered to demolish the building at its own expense.
The writ of execution was sent to the Karasai Territorial Department of the Department for the Execution of Judicial Acts of the Almaty region for the enforcement of the court decision.
The court's decision was executed, the object was demolished.
15. The developer of the IP Zhaksybekova Nazira Asymovna on his land plot is building a "car wash, hotel, cafe, bath and shop", located at the address: Taldykorgan, MD. Zhastar 1, plot No. 518 A.
The GASK Administration initiated a lawsuit against the Specialized Inter-District Economic Court of the Almaty region for the forced demolition of an unauthorized object.
On May 30, 2018, the claim of the GASK Administration was satisfied about the demolition of an unauthorized object.
The writ of execution was sent to the Taldykorgan Territorial Department of the Department for the Execution of Judicial Acts of the Almaty region for the enforcement of the court decision.
The court's decision was executed, the object was demolished.
The Head Of The D. Abdibekov